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@observer Wed, 29 Nov 2023 04:11:47

Kaweesi murder case pushed to 2024 over lawyer’s sickness

The case involving seven individuals accused of terrorism and the murder of former Police spokesperson Andrew Felix Kaweesi has been adjourned by the International crimes division of the High court in Kampala.

The court has set March 4, 2024, as the date for a ruling on the confirmation of charges. Andrew Felix Kaweesi was assassinated on March 17, 2017, along with his bodyguard Kenneth Erau and driver Godfrey Mambewa in Kulambiro, Nakawa division, Kampala district.

The accused, Abdulrashid Mbaziira, Hamza Higenyi, Shafiq Kasujja, Yusuf Mugerwa, Bruhan Balyejjusa, Joshua Kyambadde, Jibril Kalyango, Yusuf Nyanzi and Shafiq Kasujja, face multiple charges including murder, aggravated robbery, terrorism aiding and abetting terrorism, and belonging to the Allied Democratic Forces (ADF), a designated terror group.

Significantly, Shafiq Kasujja is being tried in absentia after he skipped bail. This decision was made to facilitate a speedy hearing for the remaining accused.

During a court session last Monday, presided over by Lady Justice Alice Komuhangi Khaukha, the progress of the case was reviewed. State Attorney Richard Birivumbuka reported that defense lawyers Ladislaus Rwakafuuzi and David Kasadda had not yet filed their responses or submissions. Birivumbuka attributed the delay to Kasadda receiving disclosures late and Rwakafuuzi’s illness, which has affected his ability to comply with the court’s directives.

In response to these developments, Justice Komuhangi granted an extension, instructing the defense lawyers to file their submissions by December 11, 2023, and serve the prosecution by the same date. The case was then adjourned to March 4, 2024, for a ruling.

This ruling will determine whether the charges against the suspects are dismissed or confirmed. If confirmed, the case will be forwarded to the trial judge for the commencement of hearings.

Three of the accused, Yusuf Nyanzi, Aramazan Noordin Higenyi alias Taata Abdallazack, and Abdurashid Mbaziira alias Buyondo Muhammed, remain on remand due to various charges. Nyanzi faces charges in three separate files, including the high-profile murders of Kaweesi, Major Muhammad Kiggundu, and involvement in the attempted murder of Minister General Edward Katumba Wamala. Despite being granted bail in the Kaweesi murder case, Nyanzi was rearrested and is currently on remand for the 2021 charges.

Similarly, Higenyi and Mbaziira, despite being bailed in the Kaweesi murder file, remain on remand for separate charges involving child trafficking, pending before the Mukono court. 

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@observer Wed, 29 Nov 2023 04:21:12

Access to clean water in Uganda: A tale of stark disparities

In Uganda, the struggle for clean water is a tale of contrasts. A recent study by Twaweza reveals that while six out of 10 Ugandans consider access to water a serious issue, the extent of the problem varies significantly across regions, with rural and poorer households disproportionately affected.

The research, part of the Sauti za Wananchi survey, involved 2,809 respondents across Uganda. Findings indicate that access to piped water is ten times more likely in Greater Kampala compared to northern Uganda. This disparity underscores a broader trend of unequal access to water resources in the country.

In the Western region, 40% of citizens rely on unimproved water sources, including 15% using surface water. In the Central region, this figure is 29%.

These regional disparities are even more pronounced in access to piped water. While 70% of households in Greater Kampala have piped water, only 6% in Northern and 9% in Eastern Uganda enjoy this privilege. The study also highlights a rural-urban divide in water access: 11% of rural versus 46% of urban households have piped water.

Wealthier households are eight times more likely to have piped water than poorer ones. Despite these inequalities, Uganda has seen a rise in households accessing water from improved sources, from 74% in 2018 to 80% in 2023. However, the progress in piped water access has stagnated in the last five years.

Interestingly, 61% of Ugandans treat their water before drinking, a decrease from 70% five years ago. Treatment is more common in urban areas, wealthier households, and among those with piped water. The major challenges Ugandans face in accessing water include distant water points (44%) and insufficient water points (43%).

Urban residents also grapple with the cost of water, while rural dwellers often find their water sources dirty. Sanitation facilities vary widely: 51% of households use a pit latrine without a slab, and 5% lack any facility. Flush toilets are more common in Greater Kampala. Handwashing facilities are more prevalent in wealthier and urban households, particularly in Greater Kampala.

Violet Alinda, country lead for Uganda at Twaweza, points out the policy dilemma: whether to focus on improving services for the poorest or expanding water pipe networks to more middle-class households. For most Ugandans, prioritizing the underserved seems the clear answer.

The Twaweza study sheds light on the stark disparities in water access across Uganda, underscoring the need for targeted policy interventions. While there has been progress, the persistence of these disparities calls for a concerted effort to ensure equitable access to this vital resource.

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@observer Wed, 29 Nov 2023 04:33:39

New vehicle tracking raises alarm over privacy violations

Human Rights Watch has expressed serious concerns regarding Uganda’s new “Intelligent Transport Monitoring System,” a surveillance system that tracks the real-time location of all vehicles in the country.

Implemented on November 1, 2023, the system is said to pose a significant threat to privacy rights and could adversely affect freedom of association and expression. The system, purportedly established to address national security issues, expands Uganda’s existing traffic surveillance network.

It involves surveillance cameras and mandatory cellular-network-connected tracking devices on all vehicles. Human Rights Watch Uganda researcher Oryem Nyeko criticized the system for its potential to enable unchecked mass surveillance, urging the government to prioritize citizens’ rights.

The government has been criticized for limited transparency regarding the system’s technical aspects and its contract with the Russian company responsible for the project. There are no published plans for oversight or human rights mitigation.

Uganda’s surveillance capacity has been expanding since 2018, follow- ing President Museveni’s “nine-point security plan,” which included electronic license plates for tracking vehicles at crime scenes. In 2019, the government procured surveillance technology from Huawei and later partnered with the Russian Joint Stock Company Global Security for the Intelligent Transport Monitoring System.

Susan Kataike, spokesperson for the Works and Transport ministry, stated that the new system would introduce advanced surveillance technologies, including license plate and facial recognition cameras. Vehicle owners will be required to register their vehicles with new sim-card-equipped plates, provided by Uganda Telecommunications Corporation Ltd (UTL), enabling real-time tracking.

Human Rights Watch highlighted the risks associated with this system, noting its capacity to collect data from multiple telecommunications networks. The system’s novelty compared to other countries and the lack of adequate parliamentary scrutiny further compound these concerns.

A parliamentary investigation into the project faced obstacles, and a second inquiry’s findings will remain classified, accessible only to a select few.

The use of surveillance technology in Uganda, especially during the 2021 elections, has been associated with the tracking and arrest of government opponents and critics. Uganda’s data collection practices, including plans to incorporate DNA and iris scan information in identity cards, have already created a climate of fear among journalists, according to a report by the African Centre for Media Excellence.

Uganda’s legal framework, including the Data Protection and Privacy Act of 2019 and the Anti-Terrorism Act of 2002, provides for data collection under the pretext of “national security to international law, which requires privacy intrusions to be necessary, proportionate and non-discriminatory.

Nyeko urges the Ugandan government to focus on reinforcing fundamental rights and freedoms and align its domestic laws with international privacy standards.

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@observer Wed, 29 Nov 2023 04:40:30

Oil pipeline: AI to detect leakages in real-time

The developers of the East African crude oil pipeline are set to use artificial intelligence (AI) to monitor the over 1,400-kilometer pipeline stretching from Kabaale in Hoima to the port of Tanga in Tanzania.

AI will enable real-time detection of any leakage or tampering along the pipeline, ensuring prompt response and maintenance. The Petroleum Authority of Uganda, the regulator of the oil and gas sector, along with the East Africa Crude Oil Pipeline Project operator, confirmed the deployment of this advanced technology on the world’s longest-heated crude oil pipeline.

The move comes as a part of the increasing trend of AI integration in the global energy industry, particularly in pipeline operations. Concerns have been raised about potential oil theft and environmental leakages, similar to challenges faced in Nigeria.

However, Martin Tiffen, managing director of East African Crude Oil Pipeline (EACOP) Ltd, assured that the pipeline’s state-of-the-art design and technology, including a fiber optic cable running alongside it, will mitigate these risks effectively.

Tiffen explained that the pipeline’s design is tailored for Uganda’s waxy oil, which requires constant heating to maintain flow. The pipeline, resembling a thermos flask, will be insulated and heated up to 50 degrees Celsius to preserve the oil’s fluidity.

Lawrence Ssempagi, EACOP project lead, detailed the features of the pipeline, including a fiber optic cable that will detect temperature changes, indicating potential leakages. The cable will also serve as a data transmission line for the governments of Uganda and Tanzania.

The pipeline, to be buried 1.6 to 1.8 meters underground, will employ horizontal drilling methods for crossing rivers and auger drilling for road crossings. Joseph Mukasa, the environmental specialist at EACOP, emphasized the project’s adherence to environmental guidelines, particularly when crossing wetlands.

Dozith Abeinomugisha, director in charge of Midstream Developments at the Petroleum Authority of Uganda (PAU), highlighted that EACOP will be one of the world’s most advanced and safest pipelines, with real-time satellite monitoring to detect any pressure changes indicating leaks or tampering.

The project, which has faced local and international scrutiny over environmental and human rights concerns, is reportedly costing about $4 billion. The PAU assures that the pipeline’s construction, is one of the most challenging infrastructure projects in African history.

The pipeline’s route was selected to minimize disruption to local communities and the environment. Compensation has been offered to affected residents in both Uganda and Tanzania, with the majority accepting the packages. With the first 100km of pipe already manufactured and expected to arrive soon, the EACOP project is progressing steadily, promising to revolutionize the region’s oil and gas sector.

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@observer Wed, 29 Nov 2023 04:55:55

Scouts top organ disowns Kaazi sale as govt moves to undo mess

The National Scouts Council (NSC), the top organ of the Uganda Scouts Association (USA), has disowned the decision of some of the USA trustees to sell through subleasing part of their 120-piece of land in Kaazi commonly known as Kaazi National Scouts Camping and Training
Centre.

Meanwhile, the Uganda Land Commission (ULC) has initiated steps to cancel the subleases and return the ownership of the land to the Kabaka of Buganda. This means the fight for the prime land in Kaazi, a Kampala suburb, could be over soon.

Recently, The Observer reported how early this year, some USA trustees parcelled out seven new plots of land totaling 32 acres to two companies, Serena Heights Kaazi Ventures and Sky and Lakes Limited. The move prompted the Kabaka, through the Buganda Land Board (BLB), to petition ULC acting secretary Andrew Nyumba, accusing USA of illegally selling the land without consent from the Kabaka.

The trustees who assented to the deal include eminent people such as Dr Maggie Kigozi, Bishop Nelson Onono Onweng, Dr John Mugisha, Patrick Barugahare Mujuni and Richard Kamya. However, Lucy Nakyobe, the head of Public Service, did not sign. In addition to causing friction among the USA trustees, the action led to the resignation of USA Chief commissioner and Works minister Gen Katumba Wamala.

NEW DETAILS EMERGE

To deescalate the saga, Baker Mugaino, the acting commissioner Land Registration, informed Nyumba in a strongly-worded October 19, 2023 letter that the titles register indicates that the certificate of title on the land is vested in the Kabaka of Buganda from Uganda Land Commission.

Mugaino went further to invite all parties for a public hearing but it soon emerged that another party, the estate of the late Prince Mawanda, was also claiming the land. However, their attempt to block the hearing was set aside by court. But before he could meet all the parties, the NSC has disowned the actions of the USA trustees.

In a November 23 letter to the Lands ministry permanent secretary as well as the commissioner, Land Registration, NSC secretary Charles Isabirye, who is also the USA assistant leader trainer, has requested Mugaino to postpone the intended hearing in order to first sort out the crisis in USA.

“Whereas this [hearing] is a very good move in the right direction, as Uganda Scouts Association, we kindly request that this meeting be postponed to a later date after December 2, 2023, to enable council to sit on December 2, 2023, to decide on who will represent the association in that meeting. First of all, as the Uganda Scouts Association, the National Scout Council (NSC) has never approved any deal to sublease any part of Kaazi land. This is why we have called for an extraordinary general meeting to establish who did it,” he wrote.

“Secondly, we have landed on many documents some of them from your office and we wonder how everything happened.”

He referred to a May 25, 2022 letter where Andrew Nyumba, the acting ULC secretary, okayed sub-leasing part of the Kaazi land to Serena Heights and Sky Lakes.

“As the Uganda Scouts Association, we distance ourselves from and denounce the said meeting which is alleged to have taken place from September 6 to September 10, 2021, purporting to have agreed on sub-leasing part of the Kaazi land. Therefore, the National Scout Council, the supreme policymaking organ of the Uganda Scouts Association, is not aware of the same at all. So, we consider everything that has happened at Kaazi as trash. Those who entered into such transactions are fraudsters and whoever entered into any deals with them did so at his or her own risk.”

Isabirye further reminded Mugaino that at the time Nyumba wrote the said letter, there was a caveat on the land.

“So, whatever was done at that time was illegal and consequently null and void. Mr Nyumba knew or ought to have known that the land in question had a caveat and so he ought not to have done what he did. In all fairness, his actions need to be objectively investigated for a corrective and deterrent measure,” he said.

NYUMBA MAKES U-TURN

To atone for his mistake, Nyumba has already taken steps to deregister the sale and subleasing of the land. In his October 26, 2023 letter replying Mugaino, he clarified that on perusal of the records, it was confirmed that the title was transferred from ULC to the Kabaka of Buganda.

“We further inform you that the Uganda Land Commission during its meeting of October 17 – October 19, 2023, under minute 40/2023 (a) (193) rescinded minute 40/2021 (a) (33) of September 6 – September 10, 2021, that had approved consent to subdivide, sublease and change of user from camping to camping, national training and mixed use (commercial and residential) having noted that by the time the consent was granted, the land had already been transferred to the Kabaka of Buganda,” he noted.

“This means that the consents to sublease and change of user that were granted are all recalled by the commission.”

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@observer Wed, 29 Nov 2023 05:27:36

Boycott puts speaker Among in a tight spot

For nearly two months, opposition members of parliament have skipped plenary sittings, protesting what they describe as widespread human rights violations in the country.

Mathias Mpuuga, MP for Nyendo-Mukungwe in Masaka City and the leader of the opposition (LoP), has articulated six critical issues that require the government’s satisfactory response before they consider returning to the House. These issues include the unresolved disappearance of 18 supporters of the National Unity Platform (NUP) political party, missing for over two years.

The opposition is also demanding an end to the alleged targeting and victimization of Muslims, the detention of political dissenters without trial, and the reported human rights violations against fishing communities. Additionally, they are calling for a halt to the shrinking of civic space, highlighting concerns over the treatment of politicians and media personnel, and urging an end to the practice of trying civilians in military courts, which contradicts several Constitutional court rulings.

When the opposition in Uganda’s parliament presented their demands, deputy speaker Thomas Tayebwa was overseeing the proceedings, as speaker Annet Anita Among was on maternity leave. Tayebwa initiated meetings with government representatives, including minister of Security Jim Muhwezi, minister of State for Internal Affairs David Muhoozi, and minister of state for Defence Jacob Oboth Oboth.

These officials pledged to give a comprehensive response to the raised concerns within a month. Prior to this commitment, prime minister Robinah Nabbanja and David Muhoozi had informed the parliament that they had exhausted all information at their disposal, particularly concerning the issue of missing persons.

However, this response was deemed insufficient by Mathias Mpuuga, the leader of the opposition, and his caucus, who considered the government’s explanations to be lacking in seriousness. Subsequently, Mpuuga led a walkout, with the intention of continuing their absence from plenary sessions until satisfactory answers were provided.

Despite Tayebwa’s attempts to persuade the opposition members to return to the House, these efforts have been unsuccessful. In a recent interview, Mpuuga expressed his frustration, stating that the government had long been dismissive of their concerns. He emphasized that without clear and coherent responses from the government, the opposition members intended to maintain their abstention from the plenary sessions.

“The issues we are raising are legitimate. We are consistent and persistent about them because they are very pertinent and legitimate. Whether it takes a generation of time for a response to be provided, we want that response. Probably the only difference is that we are not going to back down until there is a response that is acceptable,” Mpuuga said.

When asked to define what an acceptable response would entail, Mpuuga refrained from specifying, stating that they would deliberate as a caucus when the answers are provided. The one-month period requested by the government to provide the necessary answers lapsed on November 19.

However, the ministers were unable to deliver the required responses, as they had travelled out of the country. Speaker Among expressed her intention to start counting the sittings missed by the MPs, with the possibility of expelling them from the House. According to parliamentary rules, an MP who misses 15 consecutive sittings without the speaker’s permission forfeits their seat.

Among also stated that the MPs absent from plenary would lose certain privileges, including foreign travel, which is financially beneficial for MPs, with a daily allowance of $720 for nights spent abroad. She further ordered the replacement of the chairpersons of the four accountability committees, currently chaired by the opposition, to resume parliamentary work.

Despite their absence from the plenary, the opposition MPs have continued to attend committee sittings. Addressing the rationale behind this decision, Mpuuga explained, “We are making these demands to the executive. The committees consist solely of MPs, and the questions are not theirs. It would be misinterpreted if we decided to stifle the committees.”

AMONG IN A FIX

Speaker Annet Anita Among, who had been on maternity leave, hurriedly returned to the House amidst a growing crisis. There’s a prevalent belief among members that the opposition’s decision to boycott plenary sessions was to spite Tayebwa. However, others believe that Among wields greater influence over the opposition compared to Tayebwa.

Confidential sources reveal that some National Resistance Movement (NRM) officials have repeatedly expressed concerns to President Museveni about Among’s perceived favouritism towards the opposition at the expense of the NRM. In a particularly heated meeting, prime minister Robinah Nabbanja accused Among of unleashing the opposition against her and other colleagues.

Nabbanja also alleged that Among was unsupportive of NRM’s positions in the House. In response, Among asserted her allegiance as a ‘Musevenist’ rather than NRM loyalist, suggesting she would not cater to NRM directives. Nevertheless, this stance has not shielded her from criticism for allegedly allowing the opposition to dominate parliamentary proceedings and hinder government initiatives.

In discussions with an MP, who preferred anonymity for a candid conversation, it was revealed that the government is displeased with the parliament’s pressure to provide answers.

“Jim [Muhwezi] expressed reluctance to respond under pressure. He indicated willingness to explain, but on their terms, not the opposition’s,” the MP disclosed.

Regarding Among, the MP added that she hoped her actions would encourage the dissenting MPs to return to the House, viewing it as an act of allegiance for her supportive gestures. An MP, granted anonymity to speak freely, expressed frustration over Speaker Among’s approach in dealing with the opposition.

“She has given them everything they want. They openly criticize us, and she doesn’t intervene. They even have more speaking time in parliament than the NRM members. Furthermore, the budget for the office of the leader of the opposition has more than doubled compared to when the FDC was in charge. She surely expects some form of reciprocity,” the MP said.

Another MP, also speaking anonymously, commented on the growing concern within the NRM regarding the issue of enforced disappearances, which has recently gained prominence in parliament. This issue challenges President Museveni’s long-standing claim of improving the country’s security situation to the extent that enforced disappearances are unheard of.

“I haven’t spoken to the speaker to understand her reasoning, but it seems she’s being criticized for aligning with the Opposition to protect herself, and now she’s facing the consequences,” the MP added.

The speaker’s threat to expel MPs who boycott parliament is fraught with political complications. First, the idea of expelling over 100 MPs, which would necessitate costly by-elections, seems impractical, especially considering Uganda’s current financial constraints. Additionally, President Museveni’s reluctance to hold byelections in Buganda, a region he lost to the NUP in 2021, adds to the complexity of the situation.

Lawyer Muhammad Muwonge also weighed in, suggesting that the speaker’s threat might not hold legal water.

“It’s not a given that missing 15 plenary sittings automatically leads to losing one’s seat. There’s a process involved. Moreover, Mpuuga has informed the speaker about their reasons for the boycott, and she herself has given the government deadlines to respond. Rather than urging the government to respond, she’s trying to coax the MPs back. It’s important to remember that workers have the right to strike, and they shouldn’t be penalized for it. In this case, I believe the speaker’s position is quite precarious,” Muwonge stated.

Asuman Basalirwa, Bugiri municipality MP, in an interview with The Observer, emphasized that their boycott of parliament is directed at the executive, not the legislative body.

“This issue is not for the speaker to address; it’s for the executive. We are seeking answers from them. The executive should assist the speaker in this matter by providing the responses we’ve requested. Their failure to do so has placed her in a difficult position. However, I believe dialogue is the key to resolving this situation. This is a political issue that requires a political solution,” Basalirwa explained.

When questioned about the directive to replace them as accountability chairpersons, Basalirwa, who serves as the deputy chairperson of the public accounts committee and as chairperson of the parliamentary sports club, stated he would only respond upon receiving formal notification.

“I was appointed to these positions in writing; so, I will only comment on official communication. I cannot react to something that has not been formally communicated to me,” Basalirwa said.

ENTER MPUUGA’S HEADACHES

The boycott initiated by Mpuuga has placed both him and Among in challenging positions. Mpuuga faces a dilemma: if the state remains unresponsive, his options are limited. Within his party, opinions are divided. Some members advocate for a continuous boycott until their demands are met, while others suggest returning to parliament regardless of the state’s response.

One MP expressed a radical approach: “I think we should return and disrupt parliament, but this comes with risks, as seen during the Togikwatako incident where our colleagues, like Betty Nambooze, suffered serious injuries. However, this confrontational style isn’t in line with Mpuuga’s beliefs,” the MP noted.

Mpuuga himself, in an interview with The Observer, clarified that the idea of making Parliament dysfunctional was not his approach: “It’s their view, not mine.”

Complicating Mpuuga’s position is the popularity of the boycott among supporters of the National Unity Platform (NUP), his party. These supporters have criticized MPs for not adequately representing the interests of those arrested or disappeared. Reliable sources within the NUP, now headquartered in Makerere Kavule, indicate that the party’s president, Robert Kyagulanyi Ssentamu, also supports the boycott.

With the typical two-and-a-half-year cycle for changes in opposition leadership in Parliament approaching, Mpuuga likely aims for reappointment. Thus, he faces the challenge of how to return to the House without resolving the issues he raised, especially given his aversion to disruptive tactics in parliament.

“Mpuuga might have started these protests to boost his chances for a second term as the leader of the opposition. However, he now finds himself cornered due to the speaker’s threats and the state’s reluctance to address the core issues of the protests,” Dr Yusuf Serunkuma, a political commentator and researcher at Makerere University, observed.

“Most of the 100-plus MPs, known for their self-interest, are likely to abandon him, succumbing to the speaker’s threats and the private phone calls they might be receiving. This could leave Mpuuga and perhaps Francis Zaake isolated.”

Dr Serunkuma further commented on the gravity of the protests: “Mpuuga may have underestimated the significance of the protest he initiated. These protests represent real victims and significant struggles, forming the essence of NUP and Bobi Wine’s political identity. They transcend even Bobi Wine himself, as he alone cannot safeguard Mpuuga’s position as LOP for a second term. Only the government can offer Mpuuga a way out, possibly through some superficial promises and partial responses to his demands. Yet, assuming Mpuuga wasn’t serious in his initial stance overlooks the potential for his rising popularity if he maintains his position, even if it means standing alone throughout the protests.”

Corroborating Serunkuma’s analysis, several opposition MPs have taken the speaker’s warning to heart. Conversations with some MPs, who preferred anonymity due to the sensitive nature of the topic, revealed concerns about losing privileges, particularly foreign travel. Some even believe that the speaker, with the NRM majority’s support, could expel them from parliament.

“In the upcoming days, you might hear voices advocating for a return to parliament, regardless of whether our demands are met. This raises questions about the leader of the opposition’s position amidst these growing divisions,” one MP said, highlighting the uncertainty of the situation.

Presently, neither speaker Among nor Mpuuga have a clear vision of how this impasse will evolve. However, it’s evident that both parties involved – the ‘hunter’ and the ‘hunted’ – are equally concerned about the outcome.

bakerbatte@gmail.com

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